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Special Report With Bret Baier

News/Business. Bret Baier. The latest news from inside the Beltway. New.

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U.s. 9, Us 8, Obama 5, Rangel 5, Washington 5, Bret 5, Obama Administration 4, Harlem 4, America 4, New York 4, Harry Reid 4, Guggenheim 3, Adam Clayton Powell 3, Pensacola 3, Delaware 3, Allstate 2, Gao 2, T. Rowe 2, Geico 2, The Pentagon 2,
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  FOX News    Special Report With Bret Baier    News/Business. Bret Baier. The  
   latest news from inside the Beltway. New.  

    September 14, 2010
    6:00 - 7:00pm EDT  

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this is? this is digital ipacac. if you want a glenn beck sex tape, not good, not good. we'll see you tomorrow, from new york. good night america. >> bret: voters in a handful of states put the finishing touches on political matchups for the november mid terms. the embattled congressman from harlem faces a new foe with a familiar name. and the senate majority leader tries to hold the line on the bush tax cuts. live from our studio in washington, this is special report. good evening i'm bret baier. before democrats and republicans take on each other in november they have to finish up their internal battles in primary elections. voters in seven states and the district of columbia are taking care of that today. chief political correspondent carl cameron is in delaware, site of one interparty skirmish every bit as contentious as one between
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parties. in delaware, moderate nine-term republican congressman mike castle is so confident he'll win joe biden's senate seat after voting even he said it was a tea party measurement against the established party. >> this particular party has become a bit of a test of can, you know, the very conservative elements of the republican party take out an incumbent with whom they do not always agree. that's part of what we're dealing with here. it's a little beyond-- >> and republican christine o'done is backed by the tea party act very much express and pael palin and others in the party doesn't support her. the g.o.p. and even former staffers hammer her when she calls herself a fiscal conservative when she's had financial problems. >> and republican cannibalism, because we have the weng principles. limited government, low taxation, free enterprise, we
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have the right solution to get our economy on track. >> polls say that o'donnell would lose, but castle would win in november. new hampshire has a four-way contest for the seat. ayotte is backed by palin. courted tea party voters aggressive. the wink matches up against november at the. in maryland the g.o.p. gubernatorial backed candidate brian murphy and he trails in polls bob ehrlich started in congress in the '90s and governor already in '03 through '06 defeated by the incumbent o'mally. if he wins the primary he'll have an o'mally rematch in the fall.
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millionaire businessman ron johnson courted tea party support over small business man west lake and milwaukee plumber flynn. and with the help, johnson mae unseat fine gold for a crucial pickup in november. and here in delaware, state republican party officials say g.o.p. turnout passed 35,000 votes this afternoon. aen now, comes the evening rush. but it's such a small universe of voters, neither side. no pundit. no analyst, no republican, tea party or not has any idea who is going to win when the polls close at eight o'clock tonight. >> bret: carl cameron live in wilmington, thank you. the names on the ballot in harlem are familiar to many residents. long time congressman charlie rangel is challenged by a son of the man he defeated to get the job he's held for 40 years, but senior correspondent eric shawn reports this year, rangel has a new set of obstacles to overcome. >> he has won elections 20
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times over, but now, charles rangel faces his toughest race. 40 years ago, he defeated a harlem legend. congressman adam clayton powell, jr., the first black member of congress sense reconstruction. now, two generations later, rangel is being challenged by powell's son. new york state assemblyman adam clayton powell iv and he says that rangel's ethics problems means he has to go. >> before i lost faith in elected leaders, may campaign has become a national crusade for campaign reform and hope to take that to washington d.c. >> are you going to expel me from at that body? >> the house ethics committee accused rangel of 13 ethics violations and faces an upcoming trial in the house. among the charges, that he failed to report income from a condo in the dominican republic on his taxes and this photograph of a snoozing rangele on the beach seemed for some to sum up hpolitical predicament. when he cast his ballot, he
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remained optimistic. >> constituents decide they want to represent them in the house of representatives and i'm hopeful and i'm very positive that i will be returning to help the president, the congress and certainly my congressional district. >> reporter: voters opinions are mixed. >> mr. rangel will probably win again. >> rangel has definitely let me down and i don't feel the trust is there anymore. >> reporter: meanwhile, various problems reported with new york state's new optical scan voting system which replaced mechanical machines which were used for decades. that's a royal screwup and it's completely unacceptable. it means some voters waited for hours and other voters may not have a chance to cast their ballots at all. >> reporter: well, whoever wins the democrat primary in harlem will face michael falkner, a christian minister and likely faces an uphill battle. the number of registered
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republicans, 5%. the former candidates rick laz yo against carl paladino a party favorite. he promises to take what he calls a baseball bat to albany. >> bret: thank you, looking ahead to november. a snapshot of how some key races are shaping up according to polls. marco rubio has a lead over charlie crist running as an independent and meek in the senate contest there. public pat tomby leads joe sustek. sharon angle has a one point lead on majority leader harry reid and in ohio, he's up among likely voters and incumbent governor ted strickland in ohio trails former congressman john
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kasich. and in california a statistical dead heat with barbara boxer leading carly fiorina by 2 percentage points and meg whitman 6 point cushion between former governor jerry brown. the major issues in the abbreviated congressional session before the election has to do with your money. how much to take and how much to spend. correspondent james rosen reports it could come down to whether democrats stand together. >> amid reports that multiple members of his rank and file are prepared to dessert him and support extension of bush era tax cuts to upper as well as middle encome, at that pairs, senate majority leader harry reid assures people he is holding his party together. >> we're united as a caucus to cutting taxes to middle class americans ap small businesses. and i hope the republicans wouldn't hold hostage middle class tax cuts in order to protect the give aways to millionaires and billionaires.
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>> reporter: outnumbered on the senate floor the g.o.p. was counting on democrat defection and claiming unity in their own ranks. >> at least five in the senate who agree with us, a bad idea and bipartisan opposition to the tax increase. >> my republican conference just met a little while ago and i think there is unanimous agreement that we don't want to raise taxes on anybody in the middle of recession. >> reporter: no bill on the subject has yet been introduced, but senate leaders are already wooing swing voters. among them, nebraska democrat ben nelson who bucked his party before and now says he might join a republican filibuster if top earners are excluded from tax relief and also independent joe lieberman of connecticut who caucuses with democrats, supports the g.o.p. on this issue, but says he could be to a bill drafted along party lines. >> as an independent i don't have to walk down a party line because some party leader tells me i have to. >> reporter: meantime the senate voted overwhelmingly to advance towards final passage
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a bill that sets aside 30 billion dollars for community banks to lend to small businesses. a measure the g.o.p. leadership derides as another bailout, but democrats and the white house call another critical step along the road to recovery. >> together we hope to work directly with these small business owners to get capital flowing again. these entrepreneurs are not asking for a handout from this government. they're asking for tools and resources to grow themselves. >> and in one other crucial vote. the senate today rejected a measure that would have repealed one section of the health care law. that provision, which now remains on the books, requires all companies to file a 1099 form for every single vendor that sells them at least $600 worth of goods. bret. >> bret: james rosen live on the hill tonight. james, thank you. senior political analyst brit hume is here with thoughts what the debate over the soon to expire tax cuts really means, good morning, brit. >> hi, bret.
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the running argument over extending the bush tax cuts may come to nothing if congress decides to just go home in three weeks, but it's been a revealing exchange nonetheless. the president's co-offer extending the cuts from middle class taxpayers, president bush didn't just cut for the rich, it was for all taxpayers. it would cost 700 million dollars in lost revenue over ten years and keeping them from middle class which they now support would cost about three times that much. still, the president's position means he agrees with republicans, that raising people's taxes in the midst of a flagging economy is a bad idea. but the very language used in discussing these issues tells us something as well. in washington, letting people keep more of their own money is considered a cost. as if all the money really belongs to the government in the first place and which you get to keep is an expenditure. this sets the government is reflected in high amount of
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stimulus funds used to bail out broke localities and democrats are proving they are indeed the party of government. americans think government is important, too, but don't think that financing it takes priority over all else. >> bret: "the washington post" report that top democratic leaders with a nt to rebrand the extension of the bush tax cuts to call them the obama tax cuts for the middle class. what about that? >> well, if we had sat here a year and a half ago and one of us had said to the other, that democrats at this stage would be wanting to rebrand the bush tax cuts and continue them and cal them the obama tax cuts we'd have both fallen out of our chairs laughing. these are people who opposed the tax cuts when they were passed. they want to extend them or the a least the largest piece of them, but want barack obama's name on it. bret, it doesn't get any better than this. >> bret: all right. brit, thank you. retail sales rose in august 4/10 of a percentage point the largest amount in five months, the dow lost 17 1/2 today.
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s&p 500 dropped about one. nasdaq finished up 4. the american combat troops are out of iraq. now, one congressional office wants to get your money out, too. and are you getting your money's worth out of public schools? many people think the answer is no. and word is people reale our claims service. gecko: 'specially the auto repair xpress. repairs are fast and they're guaranteed for as long as you own your car. boss: hey, that's great! is this your phone? gecko: yeah, 'course. boss: but...where do you put...i mean how do you...carry... waitress: here you go. boss: thanks! gecko: no, no i got it, sir. anncr: geico. 15 minutes could save you 15% or more on car insurance.
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>> president obama delivered a message of tolerance and responsibility to a group of students today in philadelphia. white house correspondent mike emanuel reports the exhortation to do more and do better also applies to the teachers. the group with which the president has had a fluid relationsh relationship. >> today is about welcoming all of you and all of america's students back to school. >> for the second year in a row, president obama started the school term with the speech to students, challenging them to be personally responsible for their education. >> that kind of discipline, that kind of drive, that kind
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of hard work is absolutely essential for success. >> the president enjoys overwhelming support from teacher's unions which have given more than 3 million dollars this election cycle and 97% of that to democrats. and the unions say last year's stimulus package saved 160,000 teacher jobs, but mr. obama's race to the top program demands that educators be made to do a better job or face dismissal. >> it's going to take an outstanding principal, like principal neve, outstanding teachers like the one you have here at masterman, teachers who are going above and beyond the call of duty for their students. >> the teacher unions have reacted with some subtle protests, for example, the nea did not invite mr. obama or education secretary arney duncan to speak to its convention this year, instead choosing to invite other cabinet members, but an expert says don't expect the union to shift support. >> has to back off, but given the choice between the white house as it is or going to a
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republican administration, they're overwhelmingly in favor of obama. >> reporter: as for the grumbling over reform, the attention should be on result. >> the president always said his number one priority the students, making sure the students get an excellent education and people who share the same goal can sit around the table and we can work together. >> reporter: when the president and his education secretary praised a rhode island school district for firing all the teachers at a poorly performing school, that can make things a little tense around the table, bret. >> bret: make emanuel live on the north lawn. thank you. americans are about to get a jarring new look at public education and you may not like what you see. correspondent shannon bream tells us about a new effort to fix the system many people feel is in need of major repair. >> even kids are getting stupider every year or something is wrong behind the education system. >> reporter: the man behind the explosive new education
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documentary waiting for superman, says it's the latter. david guggenheim's movie about the u.s. public school system will hit theaters. it follows students and their families on their uphill battle to secure good education in a system that guggenheim labeled broken. >> among 30 developed countries we rank 25th in math. >> reporter: reed, lauded by some for innovative ideas, and criticized, features in the documentary. says it's time the country gets a good look at what is happening. >> if you look at what's happened in america public education over the last years, we've gone from number one in a lot of respects to absolutely at the bottom amongst developed nations. >> reporter: while charter schools are portrayed positively in the new films, teachers unions are not, but this is no attack from the right. guggenheim is the academy award winning director and producer behind al gore's global warming documentary "an
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inconvenient truth" randy wine garden from the american federation of teachers prizes guggenheim's attempt to get the country talking about education, but is not happy what she always an inaccurate portrayal of sub par teachers and villainous unions. >> there are teachers who do heroic work every single day so we need to give the good teachers we have the tools and the conditions to support them. we need to support them rather than scapegoat them. >> reporter: guggenheim says he never expected any film making experience to surpass the support he got for "an inconvenient truth", but says the ground swell around this project has been even greater. he also confesses that although he's a huge supporter of public schools, he's so troubled by their current state he chose private school for his own children. in washington, shannon bream, fox news. >> bret: states go to court to challenge the president's health care law. and a man who overcame a huge challenge will soon receive a rare eye ward.
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>> this international news, an american woman detained in iran more than a year is finally on her way home. sarah shourd was released on $500,000 bail after a weekend of conflicting statements by iranian authorities whether she would be let go. authorities say they are not considering the immediate release of the two companions arrested with her. no progress has been reported from mideast peace talks in egypt, on the contentious issue of jewish settlements. secretary of state hillary clinton held a meeting with israeli and palestinian leaders in an effort to break the deadlock. the american involvement in afghanistan has produced dozens of tales of heroism.
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tonight, national security correspondent jennifer griffin has the story of a soldier recognized for going far beyond the call of duty. >> reporter: soldiers call it the most dangerous place in the world. the war documentary illustrated how dangerous it was in afghanistan. a lot of men became heroes out there. just one was chose p for the medal of honor, the first living recipient of the nation's highest medal for valor since vietnam. 25-year-old staff sergeant justa from cedar rapids, iowa assigned to the 173rd airborne brigade in italy told us what he remembered october 25th, 2007 when he rescued two fl low soldiers while taking heavy enemy fire. >> we walked into an l-shaped ambush. you could see the muzzle flashes from bullets leaving the enemy's guns that weren't too far away. everyone was at risk. sometimes they whistled, sometimes they cracked. so close you got hit, but not
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hurt close, and the close where it snaps by your head, but you're not hit. and then there's the whiz, that's a little bit further away than the crack. >> reporter: he saw sergeant josh brennan hauled away by the taliban. >> we never have gotten my son's body back. he saw they were carrying him into the woods and that josh had been wounded by the taliban and that when he got to josh, that josh was, you know, severely wounded. he held his hand and talked to him and comforted him and tried to tell him that everything was going to be okay. . >> reporter: brennan later died of his wounds, but at least he didn't fall into enemy hands and the commander at the time dan kierney nominated him for the medal. >> i've never seen anything or heard of anything that heroic in my life and he was shot twice in the abdomen on his-- the base plate for his body armor and then shot again, a third time, in the at 4 rocket
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launcher that was strapped to his back. they couldn't move. they didn't have any cover or any kind of concealment to behind behind or protect themselves. >> reporter: the sergeant says he doesn't have nightmares. >> i don't dream. it's not something i dream about. it's something that i think about in the guy time.daytime. he did not dream of being a soldier. >> i was working at the subway at the time and mopping the floors, like ten o'clock at night and the radio is on and they started saying the army recruiter is giving out free t-shirts and i'm a sucker for a free t-shirt i guess. >> reporter: he married his wife jennifer last november and is in no hurry to return to combat. >> combat's not a good thing. >> reporter: he says he doesn't feel like a hero. >> no more than every single service member in the united states military today. >> reporter: at the pentagon, jennifer griffin, fox news. >> bret: amazing story. intelligence officials say two drone attacks today in the northern wasiristan region of pakistan made this month the
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most intense period of u.s. strikes in that country since they began six years ago. u.s. officials say the missiles have killed more than 50 people in a dozen strikes targeting fighters in the lawless tribal area. the obama administration is considering filing the first criminal charges against muslim cleric al wa lackey living in yemen. ordered cia to capture or kill him. he's inspired a wave of attacks against the u.s. the media-shy obama girls are in the news. you'll be amazed who put them in the spotlight. another politician's example of do as i say, not as i do. [ male announcer ] you are a business pro.
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from the political grapevine. they want iraq to pull more of its own weight when it comes to national security. a gao report has iraq posting a surplus of nearly 12 billion dollars. the gao says, quote, congress should consider iraq's available financial resources when reviewing the administration's fiscal year 2011 budget request aen any future funding requests. the pentagon, state department, and treasury department all dispute the figures. the obama administration is currently requesting 2 billion more dollars in the 2011 budget for iraqi security forces. president obama has a
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children's book set to hit the shelves in november. it's called "of thee i sing, a letter to my daughters" and it features sasha and malia obama on the cover. in the past, the obamas have gone out of their way to keep the girls out of the media spotlight, once even demanding that a reference to the girls be removed from a poster advocating healthy school lunches. after then candidate obama allowed the girls to appear on access hollywood in july of 2008 he said, quote, we wouldn't do it again and we won't be doing it again. the book is part of a 1.9 million dollar three-book deal president obama reached in 2004. senate majority lead are harry reid coordinated a clean energy summit last week. some attendees found reid's choice of transportation interesting, a fleet of suv's. the heartland institute james taylor says, quote, i was absolutely astonished not to mention appalled that harry reid would retain a fleet of
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gas-guzzling suv's so that he and a few aides would not have to walk the mere 100 yards to address environmental activists. a battle that is likely to end up in the u.s. supreme court began today in florida. that state and 19 others are challenging president obama's health care overhaul. correspondent phil keating is live tonight in pensacola to tell us what happened today. good evening, phil. >> good evening, bret. after two hours of arguments upstairs in the courtroom, 45 minutes for each side. u.s. judge robert vincent there are parts of the lawsuit against the affordable care act he will likely go forward for trial and other parts he will leikely dismiss, however, we don't know which part of the lawsuit the judge is referring to. this morning, three of the attorneys general walked into the pensacola courthouse. all of them republican. they were joined by deputy ag's from georgia and
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louisiana. also involved in the lawsuit, the national federation of small businesses, saying it will inflict pain on small businesses. after the hearing mccull lump declared this is the biggest constitutional case of his lifetime. >> first of all, obama care is terrible law, it's terrible constitutional law and it's rough on the states in many, many ways that a lot of people can't forsee. >> he initially filed the lawsuit within an hour of the president signing it into law. the ag says it unconstitutionally usurp's state's rights and the justice department which declined a comment for us on the hearing, argued in court that amounts to about 20 billion for the state to pick up while the fed picks up the vast majority. 450 billion.
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and believes that the commerce clause does apply with regards to forcing 45 million americans without health insurance to get it or pay a penalty tax. the argument that the government attorney presents is that somebody who opts out of getting health care is still engaging in commerce, which is what the commerce clause would apply, because eventually everybody needs health care and so, right now, currently, the 45 million americans estimated not to have health care, they're still getting it, in visits to emergency rooms and that's all paid for down the line through the hospitals, providers and insurance companies and higher premiums for all the americans who do have health insurance. expect a ruling on this, probably october 14th, but ultimately like you said, bret. this will end up in the u.s. supreme court. >> bret: phil keating tonight live in pensacola. a correction to erik shaun's report. adam clayton powell, jr. was not the first black member of congress since reconstruction, he was the first from new york. there were three black members from the first district of illinois from 1928 to 1942
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before powell was elected in 1944. we will talk about the extension of the bush tax cuts and the politics behind the debate when the fox allstars join me after the break. nice calculator. i'm just trying to save money on my car insurance. you know, with progressive, you get the option to name your price. is that even possible? uh, absolutely. trade? and i still get great service? more like super great. oh, you have a message. "hello." calculator humor. i'll be here all week. i will -- that was my schedule. the freedom to name your price. now, that's progressive. call or click today.
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>> no matter what you think of president bush tax breaks for millionaires and above, we can all see that the middle class could cause some help. but as everyone knows, my republican colleagues are promising to hold hostage the economic security of the middle class. >> we ought not to be raising taxes in the middle of a recession. the democrats like to call these tax cuts as if we're doing people a favor. this has been the tax rate for a decade. >> bret: well, the senate majority leader and senate minority leader talking about the extension of the bush era tax cuts. the obama administration, according to top democrats we're told, are considering
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refunding the extension to calling the-- them the president-- president obama's tax cuts for the middle class. what about all of this, where et cete it's heading and what it means politically. steve hays for the weekly standard and amy stoddard associate of hill and charles krauthammer. >> i think the white house can rebrand as much as they want. what will happen, the defacto is a tax cut who the very people in a recession the most likely to be creating jobs. >> bret: tax increase. >> i'm sorry, a tax increase. >> bret: if not extended to to the tier you say a tax increase on the-- >> in the best position a, spend money and b, to create jobs. it doesn't make sense. republicans have been remarkably unified on this with the exessential of what john boehner said over the weekend. they sort of found their footing and saying the same thing. at the same time 11 house democrats at least said they want to extend all of these
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tax cuts. three or four members of the senate, on the democratic side who said that they want to extend this. those numbers are small. they're still growing, i think republicans are good to not complicate the issue. you could say that the president said last summer, don't raise taxes in recession, he said it was the last they think you want to do and gave a specific reason for saying that, he said it would suck demand out of the economy and republicans are wise, i think, at this point to continue to make that argument. why was it smart to avoid raising taxes last summer and why does it make sense to do so now. >> bret: the semantics of this are interesting. whether this has been, as the senate minority leader says the base tax rate for a decade after the bush tax cuts are enacted so people are used to this. if they go away it is an increase in the rate that we have been at for the past decade. the obama administration wants to call this the obama tax cut for the middle class, but yet, even if they get it through
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congress, no one will be getting cut further from what they are today in the middle class? >> well, status quo is that they sunset in 2010, on december about 1 of this year, that's status quo and anything new is a new tax cut. i mean, technically. it is a game of semantics. disagree with steve, i think they will all be extended. i do not think this will happen before november 2nd and they will come back in the laem duck session and pressure will be so enormous from the republican victory if not a huge republican majority maybe a slight one or a close call with the democrats barely holding on and i do believe that at that time, they will buckle and extend it for at least a year or two to all the brackets. in the meantime, democrats are back from an extended recess tonight in a very tense meeting, all coming together after having lost august in a disastrous way, politically, to discuss the fact that they have six national polls, bolstering the argument. their argument that independents are with them on
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this issue. they're going-- the leadership will ask their members to go out and continue to campaign on president obama's campaign let's drop the last two brackets, but i don't think it's voted on until november 2. a fight this'll take retorically, but i can't think a vote on november 2 that would be called a tax hike. >> bret: we've heard from sources on the hill they've worked on cut being back on the session. instead of october 8th. october 1st or sooner than that. there's a question whether they'll get it done in at that time. >> it's obvious that tactically speaking the democrats have no intention as ab said, particularly ones on the edge have to vote for an increase in taxes in a recession. i mean, i think the tactical objective of the republicans is to force a vote if there's going to be any vote, at least have one vote in each house which would extend all the
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cuts. because if you're a vulnerable democrat in the swing district you're in trouble now and it's going to be really hard to oppose that extension, a, because in general you don't want to raise taxes in a recession as obama's own budget director said, just a week ago, and secondly, because you will be significantly increasing the taxes on one half of all small business income in the country. the engine of hiring in the country be raising its taxes by about five points, when you're in the middle of a recession and unemployment is at almost 10%. i don't think there's a democrat who wants to have to vote that way. >> steve, this is what david plouff the advisor to the perfect said last night. the republicans to like to lecture us on fiscal discipline to created these deficits in the first place are more than comfortable giving 700 billion in tax cuts largely to millionaires and
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billionaires and won't tell you who you to pay for it and worse that they shouldn't have to. we have a put that up on joint committee on tax estimates and how much all of this package really costs. >> yeah, you want to say costs. 3 trillion dollars for the middle class portion. under 250,000 and 700 billion for top earners. >> look, i think that the stimulus is revealing on a broader philosophical issue. it tells you exactly whose money david plouffe thinks the mon is. the rblts are-- republicans aren't making a good enough argument this isn't the government's money. they should keep it and spend it the way they want to spend it not the way that someone in washington accelerated depreciation or what have you. this isn't there money an argument the republicans aren't making the argument strong enough. >> bret: you say that democrats are energized by the talking point.
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is the electorate engaged in the issue? >> you know what, i don't think it will be material in the face of enthusiasm gap and who is going to turn out. older voters, whiter voters, angry voters, republicans in the primaries in numbers we haven't seen in decades. i don't think this is going to stop. you know what we're going to see here, i'm saying that the leadership is going to use this data to try to urge their members just to hang tough on this. as charles said, and steve said, there's just too many democrats splintering off. it can't go to a vote in the senate. we are not going to see a vote on this before november 2, the democrats are voted. >> everybody should be asked about it anyway. that's the political roll off. >> aen the leadership wants them to stay unified on the message. >> in the end a desperate attempt by the democrats in a terrible economy, they have no arguments how they have improved it, of creating an issue class war. i think it's going to be a wash. some people will respond on the class wash issue, but others are going to stay it's insane to go around raising
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taxes in a recession. >> bret: next up, how the health care law and the lawsuit against it is playing in the 2010 political campaigns. you can follow all of tonight's primary results, by the way, in the show notes section of our home page, foxnews.com/specialreport. where other hammers can only dream of going,
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>> i believe that the states will get their day in court. for many of us who watch obama care unfold in the united states congress, we felt like our voices weren't heard. this court is a place we can come and we can have not just our voices heard, but the voices of the founding fathers. the men who set up this system of government that has been trampled as obama care has been passed. >> bret: two hours in court today in florida as three attorneys general argued that
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the obama health care law is unconstitutional. in the response, the department of justice in the deputy assistant attorney general arguing before the judge there, saying that he thinks that this whole case should be thrown out. ruling otherwise would throw out decades of case law and scores of decisions dealing with the interplay of state and federal government. it would be a revolutionary decision in part, the department of justice argues, that the mandate in place, that's being challenged now by some 20 states, deals with the ability of the federal government to tax. that's one of the argument that the department of justice is making. here is what the president said in september of last year about that. >> for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. what it's saying is at that we're not going to have other people carrying your burdens for you. >> your critics say it is a tax increase.
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>> my critics say everything is a tax increase. my critics say i'm taking over every sector of the economy. you know that. we have have a debate whether or not we will have an individual mandate or not. >> you reject that. >> i absolutely reject that notion. >> bret: the attorneys for the department of justice do not and they're making that argument in court. we're back with the panel. charles. he rejected the idea last year and now accepts it. we've heard of situational ethics, this is situational reality. the obama early is correct, of course, it's not a tax, it's a sanction. it's a fine. look, here is why this is such an important argument. it really what's at stake in this case is are we a nation of enumerated power, limited government or not? enumerated powers means it's not that the government has control of every area and gives you a small sphere of individual liberty. you have unlimited liberty and
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the government has small areas of control. now, that's been eroded under the commerce clause the government is extended its reach on the idea that anything and everything is related to interstate commerce. however, the health care idea, the health care, obama care, is a reach that is really extremely extreme in this area. it says that it can force a citizen in an arrangement with an insurance company, a private citizen under the penalty of a sanction. if you allow that power, if the federal government can actually wield that kind of regulation over you, then there is no limit in any way on the power of the federal government and it's a kind of abolition of enumerated powers and that's why it's very important case and that's why whether it's a tax or not is what it hinges on. >> bret: it will likely end up in the u.s. supreme court soon. on the issue of health care, and how it's polling, heading
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into the mid terms. here is the latest poll from roo rasmussen. should the health care be' peeled. 53% favor the repeal. what is a political issue. >> one back from the kaiser foundation showing that repeal continues to gain steam with the public and the law continues to fall out of favor. it is a very difficult issue democrats are running away from it on trail. if they voted for it, they seek to avoid any mention of it. >> bret: and there isn't one, really, is there, who has mentioned health care? >> there might be someone very safe in an urban district somewhere who is not in a tough election. anyone in a competitive seat dare not mention health care reform, if they are a democrat, conservative or moderate democrat who voted against it they tout that right away in their campaign literature and television commercials. in they're one of the seven who switched the vote from no
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in november '09 to yes excuse me in march of 10 they're in very deep trouble and i think this lawsuit really shows you not only as repeal gains favor, there's also a small, small business provision and onerous paper work requirement that right now a provision in the senate failed today, but is gaining bipartisan favor with this portion of the health care law, will be repealed in this congress or next. and i think it just shows you, this is going to bleed into president obama's reelection campaign. it's going-- with lawsuits and partial appeals, it's going to be an issue again and again to 2011 and then into 2012. >> i called around several strategists, asking the question, is there a democrat in a competitive congressional seat campaigning on the fact they voted for this. nobody could give me a name. the closest blanche lincoln in arkansas running an ad that basically said, she's saying now, i stopped-- a government run health care
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program wasn't right for arkansas and i stopped it. >> bret: getting rid of the public option. >> in the primary she ran ads when challenged from the left ran ads touting the fact she'd stood firm and taken a tough vote in favor of health care reform. >> bret: that's it to are the panel, but stay tuned for the latest awkward local news anchor banter. >> logistics .
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gecko: oh...sorry, technical difficulties. boss: uh...what about this? gecko: what's this one do? gecko: um...maybe that one. ♪ dance music boss: ok, let's keep rolling. we're on motorcycle insurance. vo: take fifteen minutes to see how much you can save on motorcycle, rv, and camper insurance. >> bret: finally tonight, sometimes in tv news moments develop that are a bit awkward between anchor and guest and co-anchors. when co-anchors are supposed to casually chat with each other or ad-lib. >> well, did you get your grandparents something today? did you? >> i don't have any grand parents anymore. >> well, neither do i. i know there are people out there who don't. >> absolutely. >> all of our relatives are dead. >> bret: grandparents' day. oh boy. thanks for inviting us into your home tonight. that's it for this "special report." fair, balanced, and